IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA &

HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)

th ON THE 9 OF NOVEMBER, 2022 WRIT PETITION No. 24770 of 2022 BETWEEN:-

CMM INFRA PROJECTS LTD.-M/S. KETI CONSTRUCTIONS LTD. (JV) THROUGH ITS DIRECTOR KISHAN MUNDRA 108, SHALIMAR CORPORATE CENTER, 8-B SOUTH TUKOGANJ, INDORE (MADHYA PRADESH)

.....PETITIONER (SHRI AJAY BAGADIA, LEARNED SENIOR COUNSEL WITH SHRI SHASHWAT SETH AND SHRI JATIN SEHGAL, LEARNED COUNSEL FOR THE PETITIONER)

AND THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY

1.

VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

MANAGING DIRECTOR ROAD DEVELOPMENT CORPORATION

2. LIMITED, BHOPAL ARERA HILLS, BHOPAL, BHOPAL , MADHYA PRADESH (MADHYA PRADESH)

GENERAL MANAGER M. P. ROAD DEVELOPMENT CORPORATION 45-A, ARERA HILLS, BHOPAL (M.P.) (MADHYA

3.

PRADESH)

.....RESPONDENTS (SHRI ADITYA GARG, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.1/STATE)

(MS. MINI RAVINDRAN, LEARNED COUNSEL FOR THE RESPONDENTS NO.2 AND 3)

WRIT PETITION No. 24771 of 2022 BETWEEN:-

CMM INFRA PROJECTS LTD.-M/S. KETI CONSTRUCTIONS LTD. (JV) THROUGH ITS DIRECTOR KISHAN MUNDRA 108, SHALIMAR CORPORATE CENTER, 8-B SOUTH TUKOGANJ, INDORE (MADHYA PRADESH)

.....PETITIONER AND THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY

1.

VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

MANAGING DIRECTOR M. P. ROAD DEVELOPMENT

2. CORPORATION ARERA HILLS, BHOPAL, BHOPAL , MADHYA PRADESH (MADHYA PRADESH)

DIVISIONAL GENERAL MANAGER M. P. ROAD DEVELOPMENT

3. CORPORATION 45-A, ARERA HILLS, BHOPAL (M.P.) (MADHYA PRADESH)

.....RESPONDENTS WRIT PETITION No. 25378 of 2022 BETWEEN:-

CMM INFRAPROJECTS LTD.-M/S. KETI CONSTRUCTIONS LTD. (JV) THROUGH ITS DIRECTOR KISHAN MUNDRA 108, SHALIMAR CORPORATE CENTER, 8-B SOUTH TUKOGANJ, INDORE (MADHYA PRADESH)

.....PETITIONER AND THE STATE OF MADHYA PRADESH PUBLIC WORKS

1. DEPARTMENT PRINCIPAL SECRETARY MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

MANAGING DIRECTOR ROAD DEVELOPMENT CORPORATION

2. LIMITED, BHOPAL ARERA HILLS, BHOPAL, DISTRICT BHOPAL, MADHYA PRADESH (MADHYA PRADESH)

DGM (EPC MDR) MPRDC DISTRICT BHOPAL 45 A ARERA

3. HILLS, DISTRICT BHOPAL (MADHYA PRADESH)

.....RESPONDENTS These petitions coming on for admission this day, JUSTICE VIVEK RUSIA passed the following:

O R D E R

As identical questions of fact and law being involved in three the above noted writ petitions, we, therefore, propose to decide them together by common order.

2. The petitioner has filed these present petitions challenging the validity of order dated 27/09/2022 whereby the respondents No.2 and 3 have terminated the contract of construction of road.

3. At the very out set, Ms. Mini Ravindran, learned counsel for the respondents No.2 and 3 has raised an objection about the maintainability of these writ petitions before this Bench for want of territorial jurisdiction.

4. Shri Bagadiya, learned senior counsel for the petitioner submits that even if a small fraction of cause of action accrues within the jurisdiction of the Court, that will give jurisdiction to this court to entertain the writ petition. In support of his contention, Shri Bagadiya placed reliance on a judgment passed by Apex Court in the matter of Kusum Ingots & Alloys Ltd. vs. Union of India and another (2004) 6 SCC 254. He submits that the petitioner is having a registered office at Indore, he furnished the bank guarantee after issuance of the work order from the Bank situated at Indore, therefore, this petition is maintainable before this Bench.

5. In order to appreciate the aforesaid facts, the short facts of the case are as under :-

6. The petitioner was awarded a contract for rehabilitate and upgrade the Existing Road; 1) Nadigaon Seondha Road (length 22.140 km.) from existing ch 0/00 to km. 8/670 & 9/900 to km. 23/270 intermediate laning/two laning with paved/head shoulder, 2) Satnwara-Narwar Road (length 25.540 km.) from existing ch.0/00 to km. 25.540 intermediate laning/two laning with paved/hard shoulder on Engineering, Procurement, Construction (“EPC”) basis. Th